CHAPTER XXIX. An act to amend and make uniformn the Attachment laws of this State. SECTION 1. Be it enacted by the General Assembly of the tachment. State of Tennessee, That in all cases where a debtor or a defendant in any suit or judgment is removing or about to remove himself, or his property beyond the limits of this State, or shall be absconding or concealing himself or his property or effects, it shall be lawful for the creditor, or other person entitled to sue, to obtain an attachment against the property, debts, choses in action, and effects of such debtor, in the same manner as such process may be obtained against ab- ̋ sconding or non-resident debtors under the different statutes now in force in this State, and the same proceedings may be had as in other cases of attachment except so far as it is altered by this act. SEC. 2. Be it enacted, That whenever a debtor shall wish Replevy to replevy or release the property or effects taken under attachment, it shall be lawful for him to do so, on giving bond and good security in double the amount of the debt, or for the forth coming of the property attached, at the option of the defendant, conditioned that he will pay the debt, interest and costs, or the value of the property attached, and interest as the case may be, in the event that he shall be cast in the suit; and that part of the law which authorized the defendant, in a suit commenced by attachment, to replevy the property by giving bail, be and the same is hereby repealed. Bond. Answer. SEC. 3. Be it enacted, That the bond required to be giv en under the preceding section of this act, shall constitute a part of the record of the cause; and if the defendant shall be cast in the suit, it shall be lawful for the court to enter up its judgment or decree against the defendant and surety for the amount of their respective liabilities. SEC. 4. Be it enacted, That no attachment shall be abated or quashed for or by reason of the affidavit, or Bill for the attachment, or the attachment stating in the alternative that the defendant has removed himself privately out of the county or State, or so absconds or conceals himself that the ordinary process of law cannot be served upon him or that he is an inhabitant of another government, or has removed, or is about to remove his property or effects beyond the limits of this State, or for stating all these as causes of the attachment; but in all such cases it shall be the duty of the defendant to answer to the attachment in the same manner as if but one cause only were stated in the affidavit, or bill, and attachment. SEC. 5. Be it enacted, That if the debtor or other person Bond. shall wish to replevy the property or effects thus attached, the officer levying the attachment shall take the bond payable to the plaintiff, if after the attachment has been returned to court the clerk shall take it, and it shall be the duty of the officer taking such bond, if the value of the property shall not be as much as the debt, to fix the value thereof and insert the same in the condition of said bond. SEC. 6. Be it enacted, That in all cases where choses in action are attached, the officer levying the attachment, may collect the same until said writ is returned; after which time the court may appoint a Receiver to collect and pay over the same under the direction of the court. Receiver. Justices of SEC. 7. Be it enacted, That the jurisdiction of Justices of the Peace in cases of attachment shall be coextensive the Peace. with their jurisdiction in cases of warrants, and the same in cases of non-residents, as in cases of absconding debtors; Provided that nothing herein contained shall be so construed as to prevent Justices of the Peace from issuing attachments as heretofore, returnable to any court where the same is cognizable. SEC. 8. Be it further enacted, That the provisions of this Application act shall apply, whether suit has been brought before the ap plication for the attachment or not. D. L. BARRINGER, Speaker of the House of Representatives. Passed December 8th, 1843. Speaker of the Senate, CHAPTER XXX. Au set to incorporate the members of the Young Men's Literary Society of Knoxville. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That Hugh L. McClung, M. M. Gaines, Incorporated G. H. Harris, E. G. Eastman, F. A. Ramsey, William B. French, James Williams, Henry Ault, J. A. McCampbell, William G. Swan, E. S. Temple, D. H. Cummings, A. McAlister, I. L. Moses, G. M. Hazen, M. Nelson, J. S. Mansfield, J. J. G. Smith, John J. Reese, John E. Toole, P. D. Gates, J. M. White, A. L. King, J. B. Heiskill, B. B. Lenoir, P. M. McClung, J. L. M. French, J. J. Graig, Andrew Russell and A. A. Kirkpatrick, be and they are hereby constituted a body politic by the name of the Young Men's Literary Society of Knoxville, and by that name shall have succession for a period of five hundred years, and a common seal; and they and their successors by the name aforesaid, shall be capable ín CHAPTER XXIX. An act to amend and make uniform the Attachment laws of this State. SECTION 1. Be it enacted by the General Assembly of the ttachment. State of Tennessee, That in all cases where a debtor or a defendant in any suit or judgment is removing or about to remove himself, or his property beyond the limits of this State, or shall be absconding or concealing himself or his property or effects, it shall be lawful for the creditor, or other person entitled to sue, to obtain an attachment against the property, debts, choses in action, and effects of such debtor, in the same manner as such process may be obtained against absconding or non-resident debtors under the different statutes now in force in this State, and the same proceedings may be had as in other cases of attachment except so far as it is al tered by this act. SEC. 2. Be it enacted, That whenever a debtor shall wish Replevy to replevy or release the property or effects taken under attachment, it shall be lawful for him to do so, on giving bond and good security in double the amount of the debt, or for the forth coming of the property attached, at the option of the defendant, conditioned that he will pay the debt, interest and costs, or the value of the property attached, and interest as the case may be, in the event that he shall be cast in the suit; and that part of the law which authorized the defendant, in a suit commenced by attachment, to replevy the property by giving bail, be and the same is hereby repealed. Bond. Answer. SEC. 3. Be it enacted, That the bond required to be giv en under the preceding section of this act, shall constitute a part of the record of the cause; and if the defendant shall be cast in the suit, it shall be lawful for the court to enter up its judgment or decree against the defendant and surety for the amount of their respective liabilities. SEC. 4. Be it enacted, That no attachment shall be abated or quashed for or by reason of the affidavit, or Bill for the attachment, or the attachment stating in the alternative that the defendant has removed himself privately out of the county or State, or so absconds or conceals himself that the ordinary process of law cannot be served upon him or that he is an inhabitant of another government, or has removed, or is about to remove his property or effects beyond the limits of this State, or for stating all these as causes of the attachment; but in all such cases it shall be the duty of the defendant to answer to the attachment in the same manner as if but one cause only were stated in the affidavit, or bill, and attachment. SEC. 5. Be it enacted, That if the debtor or other person Bond. shall wish to replevy the property or effects thus attached, the officer levying the attachment shall take the bond payable to the plaintiff, if after the attachment has been returned to court the clerk shall take it, and it shall be the duty of the officer taking such bond, if the value of the property shall not be as much as the debt, to fix the value thereof and insert the same in the condition of said bond. SEC. 6. Be it enacted, That in all cases where choses in action are attached, the officer levying the attachment, may Receiver. collect the same until said writ is returned; after which time the court may appoint a Receiver to collect and pay over the same under the direction of the court. SEC. 7. Be it enacted, That the jurisdiction of Justices Justices of of the Peace in cases of attachment shall be coextensive the Peace. with their jurisdiction in cases of warrants, and the same in cases of non-residents, as in cases of absconding debtors; Provided that nothing herein contained shall be so construed as to prevent Justices of the Peace from issuing attachments as heretofore, returnable to any court where the same is cognizable. SEC. 8. Be it further enacted, That the provisions of this Application act shall apply, whether suit has been brought before the ap plication for the attachment or not. D. L. BARRINGER, Speaker of the House of Representatives. Passed December 8th, 1843. Speaker of the Senate, CHAPTER XXX. Au act to incorporate the members of the Young Men's Literary Society of Knoxville. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That Hugh L. McClung, M. M. Gaines, G. H. Harris, E. G. Eastman, F. A. Ramsey, William B. French, James Williams, Henry Ault, J. A. McCampbell, William G. Swan, E. S. Temple, D. H. Cummings, A. McAlister, I. L. Moses, G. M. Hazen, M. Nelson, J. S. Mansfield, J. J. G. Smith, John J. Reese, John E. Toole, P. D. Gates, J. M. White, A. L. King, J. B. Heiskill, B. B. Lenoir, P. M. McClung, J. L. M. French, J. J. Graig, Andrew Russell and A. A. Kirkpatrick, be and they are hereby constituted a body politic by the name of the Young Men's Literary Society of Knoxville, and by that name shall have succession for a period of five hundred years, and a common seal; and they and their successors by the name aforesaid, shall be capable in Incorporated law to receive, hold and purchase to themselves and their successors, any lands tenements, goods and chattles, which shall be given, granted or devised to them, or purchased by them, to the use of said society, and to use or dispose of the same as may seem to them msto advantageous to said society; and they and their sucessors by the name aforesaid may sue and be sued, plead and be impleaded, in any court of law or equity in this State, or elsewhere. SEC. 2. Be it further enacted, That the members of said.. Powers. Society shall have, and the power is hereby granted unto them, to recive into said society other individuals, upon such term as they may adopt; and such individuals so received shall thereby come within the provisions of this act. SEC. 3. Be it further enacted, That the members of said Bye-laws. society shall have full power and authority to adopt such constitution, bye-laws, rules, and regulations for the government of the society, as may to them seem most expedient, and such constitution, bye-laws, rules and regulations shall have the force and effect of a legal enactment upon the members of said society; Provided that such constitution, byelaws, rules and regulations do not conflict with the Constitution and Laws of Tennessee. D. L. BARRINGER, Speaker of the House of Representatives. J. M. ANDERSON, Passed December 8th, 1843. Speaker of the Senate. Incorporated. Width. CHAPTER XXXI. An act granting to G. G. Adams, J. L. Rushing, and James Kerr, Jr., a turnpike road in the county of McNairy. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That there be granted unto Gee G. Adams, J. L. Rushing, and James Kerr Jr., of the county of McNairy, a turnpike road from the Hardin county line near the east end of Willis Lucas' lane to Purdy, in McNairy county; and shall have six months from the first day of January next to open and put the same in repair; and shall have the right exclusively to charge toll thereon as specified by this act, for twenty years from the time said road is completed. SEC. 2. Be it enacted, That said road shall be opened at least eighteen feet wide, clear of stumps, rocks, and all other obstructions, the creeks and drains bridged, where necessary |